City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session May 7, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, May 7, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Collier-Wise, Erickson, Holland, Meins 2. Drinking Water Certificate of Achievement Awards – Mayor Powell Mayor Powell reported that the SD DENR has recognized the City Water Department for 17 years of supplying safe drinking water to the citizens. John Prescott, City Manager, presented the DENR Secretary’s Award to the Water Department employees present and thanked them for the service to provide safe drinking water to the citizens. 3. Educational Item – Paramedic coverage – Fire/EMS Chief Matt Callahan Matt Callahan, Fire/EMS Chief, reported that a presentation was made to the City Council in 2016 with options on moving to a paramedic ambulance service. Matt stated at that time it was decided to use part time paramedics vs. full time paramedics due to cost. Matt stated that the department has been trying to hire part time paramedics since June 2017 with only four applications received with none making it to an interview. Matt stated that he would like to hire 3 full time fire fighter/paramedics to provide 24/7 paramedic service. Matt stated that these individuals would also provide daily readiness of all vehicles and equipment as well as mentor/teacher to new EMT’s. Matt stated that the 2018 budget has the funding for six months of full time paramedic wages and fringe benefits. Matt stated that for 2019 there would need to be about $80,000 of additional funding to cover the wages and benefits. Matt noted that with a paramedic service there will be additional revenue to offset some of this increase. Matt Callahan and Aaron McDowell answered questions of the City Council on the Fire/EMS service. The consensus of the City Council was to move forward with the full time paramedics. 4. Informational Item – Clay County Commission space needs assessment – John Prescott 1 John Prescott, City Manager, reported that the City Council participated in the Clay County space needs assessment of the Courthouse including the Public Safety Center. John stated that Clay County is now moving onto the next phase of the process and is asking if the City would want to continue to participate in this phase that has a cost of $30,000. John noted that the Police Department and half of the Communications Center was 17% of the total square footage of the scope of the study. John reported that Clay County Commission Chairman Mockler contacted him to see if the City would want to continue to participate. John stated that the space needs study was funded from the second penny sales tax and if the City Council wanted to continue to participate would recommend the same funding source. Discussion followed. The consensus was to participate in this next phase at 17% from the second penny sales tax fund. 5. Informational Item – Bed and Breakfast code language – Dan Voss John Prescott, City Manager, introduced Dan Voss, who started his internship with the city last week, to review our current bed and breakfast ordinance language as it applies to the state requirements and other cities. Dan Voss, Administrative Intern, reported that the state administrative rule for bed and breakfast limit was at most five rental units for up to an average of ten guests per night and in which family style meals are provided. Dan stated that our city ordinance limit was not more than four rental units without a limit on number of guests but limited the stay to no more than 14 days during a 120 day period. Dan reviewed other cities that limit the number of rooms or the number of guests. Discussion followed with Dan and John Prescott answering questions. The consensus was to bring back an ordinance that followed the state requirement at not more than 5 rooms and up to an average of ten guests. John stated that a draft ordinance would be brought back to the City Council for consideration. 6. Briefing on the May 7, 2018 City Council Regular Meeting – Council reviewed items on the agenda with City staff. No action was taken. 7. Adjourn 123-18 Alderman Ward moved to adjourn the Council special session at 12:59 p.m. Alderman Sorensen seconded the motion. Motion carried 5 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of May, 2018. 2  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session May 7, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, May 7, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell Absent: Holland 2. Pledge of Allegiance 3. Minutes A. Minutes of April 16, 2018 Regular Meeting; April 16, 2018 Special Session 124-18 Alderman Collier-Wise moved approval of the April 16, 2018 Regular Meeting and April 16, 2018 Special Session minutes. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 125-18 Alderman Collier-Wise moved approval of the agenda. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 3 5. Visitors to be Heard A. Older Americans Month Proclamation Alderman Sorensen read the proclamation designating the month of May as “Older Americans Month” in Vermillion. Mayor Powell presented the proclamation to Crystal McGuire, Executive Director of the Main Street Center. Crystal thanked the City Council for the proclamation. B. Stamp Out Hunger Proclamation Alderman Collier-Wise read the proclamation proclaiming Saturday, May 12, 2018 as “Letter Carriers’ Food Drive Day” in Vermillion and encouraged all citizens to support the food drive by placing non- perishable food item in or near mailboxes on this day. Mayor Powell presented the proclamation to Darwin VanDenOever and Chelsea Wesner representing the Vermillion Food Pantry. Darwin thanked the City Council for the proclamation and the postal carriers for their assistance in collecting food for the food pantry. C. Special Olympics Torch Run Proclamation Alderman Humphrey read the proclamation proclaiming the week of May 14 thru May 18, 2018 as “Law Enforcement Torch Run for Special Olympics South Dakota Week”. Mayor Powell presented the proclamation to Jon Cole. Jon Cole, representing the SD Law Enforcement Torch Run, thanked the City Council for the proclamation and invited the community to run or watch the run in Vermillion on May 14th on Main Street from the High School to the Courthouse. D. Public Service Recognition Week Proclamation Alderman Price read the proclamation proclaiming the week of May 6 thru May 12, 2018 as “Public Service Recognition Week” in Vermillion. Mayor Powell asked John Prescott to present the proclamation. E. Vermillion Area Robotics Club Proclamation Alderman Ward read the proclamation congratulating the Vermillion Area Robotics Club members and coaches for their accomplishments during the past year. Mayor Powell presented the proclamation to Susan Rolfes. Susan recognized the students for all their hard work and the sponsors for their assistance. 6. Public Hearings 4 A. First Reading of Ordinance 1371 to Rezone the W 85' of Lot 14 & W 90' of N 1/2 of Lot 13 Exc. E 5' of W 90' of N 14' of Lot 13, Blk 44, Snyder’s Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 125 Prospect) Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 125 Prospect to rezone from the R-2 Residential District to the R-3 Residential District. Jake reported that the structure was built in 1911 and currently functions as a rental property with five rental units and, as such, is a nonconforming use in the R-2 residential district. Jake stated that the lot at 125 Prospect has an area of 5,610 square feet and under the current zoning ordinance only a single family dwelling could be built on the property due to the size. Jake stated that the petition for zone change and a map are included in the packet. Jake reported that the Planning Commission considered the zone change request at their April 23, 2018 meeting and voted 8-0 to recommend to deny the zone change. Jake reviewed the adjoining zoning noting that if the rezone were granted it would create a case of spot zoning. Kayleen Reynolds, resident and owner of 110 Prospect, stated that the lot at 125 Prospect is too small for that many dwelling units and the residents. Kayleen stated that parking is a problem in this area due to the number of residents in such a small area. Discussion followed on the zone change request. 126-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Ward moved to deny the zone change from R-2 Residential Zone to R-3 Residential Zone contained in proposed Ordinance 1371 for the property located at 125 Prospect. Alderman Collier-Wise seconded the motion. Discussion followed and upon request Jami Baedke, realtor representing the property owner, reported that the owner was not looking to make any changes to the property but as the property is nonconforming a bank will not mortgage the property and if damaged may not be rebuilt. Motion to deny carried 7 to 1. Mayor Powell declared the motion to deny carried. B. First Reading of Ordinance 1372 to Rezone Lots 1, 2, 3, 4 & W 1/2 Vac. Elm St. & E 1/2 Vac. Alley & Lots 11 & 12 & W 1/2 Vac. Alley, Blk 4, & Lots 5, 6, 7, 8, 9 & 10, Blk 4 & N 1/2 Vac. Spruce St. Adj. to Lot 6 & E 1/2 Lot 7 & W 1/2 Vac. Elm St. & Vac. Alley between 5, 6, 7 & 8 & W 1/2 Vac. all Adj. to Lots 9 & 10, Parks Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 5 Residential District (also known as 807 Cottage Avenue and 23 E Duke Street). Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 807 Cottage and 23 East Duke Street to rezone from the GB General Business District to the R-3 Residential District. Jake reported that there is a manufactured housing park located on this property that is a nonconforming use in the General Business District and would also be nonconforming in the R- 3 Residential District. Jake reported that this zone change request was heard by the Planning Commission at their April 23, 2018 meeting. Jake reported that representatives of the property owner were present stating that the rezone request was for a potential buyer whose offer was contingent upon the property being rezoned R-3. Jake reported that several tenants own or are in the process of purchasing their manufactured homes but would not be able to move them to another location, meaning that redevelopment of the land would force them to abandon their homes. Jake noted that because the property is currently zoned General Business the current residents could still be displaced for a business-related development. Jake reported that the Planning Commission voted 5-3 to recommend that the City Council deny the Petition for Rezone for 807 Cottage and 23 E Duke to the R-3 Residential District. Alvin Anderson, resident and owner of 807 Cottage #30, stated that the residents are being displaced so the owner can make some money. Alvin stated that the owner is not maintaining the court. Ryan Eichelberg, resident and owner of 807 Cottage #2, stated that he purchased his trailer with one year remaining on the loan. Ryan stated that the same people who sold him the trailer are now selling the property to displace him. Ryan stated that, in talking to the code office, the City ordinance will not allow him to move his trailer, as it does not have a pitched roof, and questioned if an exception could be made to allow him to move the trailer. Jaymie Kuntz, resident and owner of 807 Cottage #26, stated that she is a single mother with five children and a full time job and is concerned about losing her trailer and having no place to live. Jaymie stated that she could not afford to live somewhere else or cover the cost of moving her trailer. Pam Jacobson, realtor and property manager, reported that the property has been listed for sale for a number of years without any interest in the current General Business zone but now an offer has been received contingent upon this property and the property at 711 Cottage being rezoned to R-3 Residential District. 6 Jami Baedke, realtor, reported that the property has been for sale for a number of years and the residents would also be displaced if it were sold for a General Business use. Sarah Taggart, realtor representing the potential buyer, reported that the buyer wanted to develop the underutilized mobile home court. Sarah reported that the proposal is for five to six buildings around the perimeter with a landscaped courtyard in the center. Sarah stated that the proposal is for 2 to 3 bedroom units with the ground floor having access to garages, thus high-end apartments. Sarah requested approval of the zone change to allow the property to be developed to its potential. Alvin Anderson, resident and owner of 807 Cottage #30, stated that a lot has been said about their plans but nothing has been said about the current residents. Alvin wanted to know if someone was looking out for the current tenants. Randy Eichelberg, parent of Ryan, owner resident of 807 Cottage #2, stated that his son could not move his trailer per the City ordinance as it lacked a pitched roof and questioned why the City would allow these citizens to lose their homes to progress for the new development. Randy stated that he was concerned about his son being displaced. Sarah Taggart stated that the buyer has concerns about the tenants being displaced but noted that it is not the fault of the buyer or the seller it was the City that changed the zoning ordinance to make the mobile home court a nonconforming use and wanted to know if the City was going do something to assist the tenants. Discussion followed noting that the mobile home court is nonconforming in both the GB and R-3 zoning districts and now that there is a potential buyer the tenants may be displaced. 127-18 Alderman Sorensen moved to table first reading of Ordinance 1372 requesting the zone change from GB General Business to R-3 Residential for the property located at 807 Cottage and 23 East Duke Street to allow time for staff to review the ordinance on the ability to move trailers to another location along with assistance from the buyer or seller. Alderman Collier-Wise seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion to table adopted. C. First Reading of Ordinance 1374 to Rezone the W ½ of Lots 10, 11, 12 & all of Vac. Spruce St. Adj., Blk 3, Park’s Addition, City of 7 Vermillion, Clay County, South Dakota, from GB General Business to R-3 Residential District (also known as 711 Cottage Avenue). Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 711 Cottage to rezone from the GB General Business District to the R-3 Residential District. Jake stated that this property is located just south of the property just discussed at 807 Cottage and 23 East Duke. Jake reported that this property currently contains a commercial building and a residential structure, noting that two trailers were just removed. Jake noted that the residential structures would be nonconforming in the General Business district. Jake reported that this zone change request was heard by the Planning Commission at their April 30, 2018 meeting. Jake reported that representatives of the property owner were present as well as a representative for the potential buyer who stated that the plan was to construct several multi-family housing units on this property in addition to the property at 807 Cottage and 23 East Duke Street. Jake reported that the Planning Commission voted 5-1 to recommend that the City Council approve the Petition for Rezone for 711 Cottage from the GB General Business District to the R-3 Residential District, but only if 807 Cottage Avenue and 23 East Duke were also rezoned from the GB General Business District to R-3 Residential District in order to avoid “spot-zoning.” Mark Lawrensen, reported that he and his mother, Paula, own the property, stating that it has been for sale for quite some time and now there is an offer contingent upon the zoning being changed from GB General Business to R-3 Residential. Mark stated that the property is underutilized in its current zoning classification and requested the zone change to R-3. Discussion followed. 128-18 Alderman Erickson moved to table first reading of Ordinance 1373 requesting the zone change from GB General Business to R-3 Residential for the property located at 711 Cottage Avenue until the zone change on the property to the north being 807 Cottage Avenue and 23 East Duke is determined. Alderman Humphrey seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion to table adopted. D. First Reading of Ordinance 1373 to Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson’s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 519 Adams Street and 520 Prentis Street) 8 Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 519 Adams Street and 520 Prentis Street to rezone from the R-2 Residential District to the R-3 Residential District. Jake reported that each property contains a single apartment building with 8 rental units. Jake stated that the R-2 Residential District allows for up to 4-plex multiple-family units thus the current structures would be nonconforming. Jake stated that this property adjoins R-2 and R-4 zoning districts. Jake reported that two letters of protest were received from neighboring property owners that were included in the packet. Jake reported that this zone change request was heard by the Planning Commission at their April 23, 2018 meeting with an 8-0 vote to recommend that the City Council approve the petition to rezone. Discussion followed. Pam Jacobsen, property manager, reported that the owner has no plans to change the property but, as it is nonconforming, would not be able to obtain a bank loan and if damaged could not rebuild. Pam stated that the zone change would bring the property into correct zone and would allow a potential buyer to finance with a mortgage. 129-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Erickson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1373 entitled An Ordinance Amending the Zoning Map Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson’s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 7th day of May, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Mayor Powell. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. E. Special permit to exceed permissible sound levels by no more than 50% for Habitat for Humanity Clay and Yankton Counties at 310 Washington Street on or about July 26, 2018 for a front yard BBQ Mike Carlson, Finance Officer, reported that Habitat for Humanity Clay & Yankton Counties has applied for a special permit to exceed allowable 9 noise levels for a Front Yard BBQ event to include music on or about July 26, 2018 from 5:00 p.m. to 8:00 p.m. to be held at 310 Washington Street. Mike noted that this is the location of where a Habitat for Humanity home will be built. Mike stated that a copy of the application, a diagram of the area and notice of hearing are attached. Mike noted that there is a request to close a portion of Washington Street later on the agenda. Mike stated that the City Council would need to determine, at the public hearing, if it is in a suitable location with appropriate facilities, during the allowable time and if the applicant can demonstrate the public benefit of the event. Mike reported that administration recommends approval of the special permit unless information is presented at the public hearing that indicates that there are problems related to the noise. 130-18 Alderman Collier-Wise moved approval of the special permit to exceed permissible sound levels by no more than 50% for Habitat for Humanity Clay and Yankton Counties at 310 Washington Street on or about July 26, 2018 from 5:00 p.m. to 8:00 p.m. for a front yard BBQ. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. F. First Reading of Ordinance 1369 to Repeal Sections 154.04.01 Rural Plats Outside of JJZA, 154.06.2 Conceptual Plans Rural, 154.07.2, Preliminary Plans Rural, 154.08.2 Final Plans Rural, 154.10.2 Design Standards – Land Design Rural, 154.11.2 Design Standards – Streets Rural, 154.12.2 Design Standards – Water Facilities Rural, 154.13.2 Design Standards – Sanitary Sewer Facilities Rural, 154.14.2 Design Standards – Sump Pumps Rural, 154.15.2 General Provisions and Assurances Rural, 154.16.2 Enforcement Rural Due to Adoption of Clay County Ordinance 2014-01 2014 Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections 154.01 through 154.16.1, by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection Jose Dominguez, City Engineer, reported that this section of the ordinance is referred to as the Subdivision Ordinance. Jose reported that the current subdivision regulations were adopted in 2011 that completely amended the 1967 subdivision chapter of the Code of Ordinances. Jose reported that since 2011 the subdivision chapter has seen one minor amendment dealing with the creation of private roads. Jose noted that the subdivision chapter allows the City to plan for future growth, protect the public and promote harmonious development. Jose noted that there are several items that should be amended in the subdivision ordinance to better service the public. Jose reported that the major items this amendment will address are the removal of the 10 platting and design requirements for the land outside of the Joint Jurisdictional Zoning Area, and the changes to the section dealing with access to streets and roads. Jose reported that, since the adoption of Ordinance in 2011, Clay County adopted a subdivision ordinance that addresses development outside of the City and County Joint Jurisdictional Zoning Area in 2014. Jose noted that another part that has been changed extensively is the subsection dealing with Access to Streets and Roads. Jose stated that this subsection controls the number of access points to a street from building lots with the goal to minimize the number of street cuts in order to maintain a safe environment for the general public while preserving an acceptable level of traffic capacity on the streets. Jose reported on the public meeting held to review the proposed ordinance as well as meetings with the Planning Commission and City Council. Jose reported that, since the Planning Commission meeting, Staff has met with one developer that has been very active in constructing attached and detached single-family homes. Jose noted that the developer had concerns with the fact that the City limits the number and width of street cuts, on attached single-family homes with abutting garages to one shared street cut, and a maximum of 36-feet width (18-feet per attached single-family home), regardless of the number of garages. Jose stated that the developer had concerns that the width of 36-feet is not sufficient for larger vehicles to back out of a double garage in a safe manner. Jose stated that the City has maximum widths on driveways to provide a safe environment for the general public. Jose stated that limiting the width and number of driveways, for all uses, is done to increase the safety of pedestrians, bicyclists and vehicles. Jose reported that the current maximum width has worked well for many years, however, the number of garages and size of cars has been increasing. Jose reported that, after meeting with the developer, Staff has changed the proposed ordinance to accommodate the larger garages and vehicles. Jose stated that the change would require that all attached single-family homes with a garage less than 16-feet from each other have a shared driveway with a maximum width of 48-feet. Jose recommended approval of first reading of the subdivision ordinance. 131-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Erickson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1369 entitled An Ordinance to Repeal Sections 154.04.01 Rural Plats Outside of JJZA, 154.06.2 Conceptual Plans Rural, 154.07.2, Preliminary Plans Rural, 154.08.2 Final Plans Rural, 154.10.2 Design Standards – Land Design Rural, 154.11.2 Design Standards – Streets Rural, 154.12.2 Design Standards – Water Facilities Rural, 154.13.2 Design Standards – Sanitary Sewer Facilities Rural, 11 154.14.2 Design Standards – Sump Pumps Rural, 154.15.2 General Provisions and Assurances Rural, 154.16.2 Enforcement Rural Due to Adoption of Clay County Ordinance 2014-01 2014 Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections 154.01 through 154.16.1, by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 7th day of May, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Humphrey. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7. Old Business A. Second reading of Ordinance 1370 amending alcoholic beverage ordinance for changes in South Dakota state statute Mike Carlson, Finance Officer, reported that there were extensive revisions to the alcoholic beverage laws during the 2018 Legislative Session that will become effective on July 1, 2018. Mike stated that three licenses will no longer be available and the retail on-off sale malt beverage license has been expanded to include South Dakota Farm Wine. Mike noted that the hours that alcoholic beverages can be sold or served are being made consistent at 7:00 a.m. to 2:00 a.m. every day of the year including Christmas. Mike stated that there were also changes in language used by the Governing Body to determine the applicant suitable to hold a license and that the proposed location is suitable. Mike stated that this information was presented at the April 2nd noon meeting with the consensus to update the ordinance. Mike reported that the proposed ordinance updated the hours to 7:00 a.m. to 2:00 a.m. every day for all licenses, removed references to the licenses that no longer are available, updated language to comply with the new statute as to applicants are suitable before issuing, transferring or renewing a license with an effective date of July 1, 2018. Mike reported that Jim McCulloch, City Attorney, has reviewed the ordinance. Mike stated that the ordinance had first reading at the April 16th meeting and no comments have been received. 132-18 12 Second reading of title to Ordinance 1370, entitled An Ordinance Amending Title XI, Chapter 112, Sections 112.07, 112.08, 112.19, 112.20, 112.22, 112.24 & 112.25 to reflect changes in South Dakota state statute as it applies to liquor licenses of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Sorensen moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1370, entitled an Ordinance Amending Title XI, Chapter 112, Sections 112.07, 112.08, 112.19, 112.20, 112.22, 112.24 & 112.25 to reflect changes in South Dakota state statute as it applies to liquor licenses of the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 16th day of April, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 7th day of May, 2018 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1370 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI, CHAPTER 112, SECTIONS 112.07, 112.08, 112.19, 112.20, 112.22, 112.24 & 112.25 TO REFLECT CHANGES IN SOUTH DAKOTA STATE STATUTE AS IT APPLIES TO ALCOHOLIC BEVERAGES BE IT ORDAINED by the governing body of the City of Vermillion, South Dakota to amend City of Vermillion Code of Ordinances Title XI, Chapter 112 ALCOHOLIC BEVERAGES, Sections 112.07, 112.08 112.19, 112.20, 112.22, 112.24 and 112.25 as follows: § 112.07 HOURS AND RESTRICTIONS. No on-sale or off-sale licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of two a.m. and seven a.m. 112.08 Repealed. § 112.19 VIDEO LOTTERY MACHINE LICENSES. There is hereby imposed on any person who is licensed pursuant to SDCL § 35-4-2 and who is issued a video lottery establishment license pursuant to SDCL § 42-7A-41 an annual license fee for the privilege of 13 locating video lottery machines on the licensed premises. The fee is established at $50 for each video lottery machine and shall be paid at the same time and in the same manner as the fees paid in SDCL § 35-4-2. This additional fee shall not be imposed on more than one license per location. § 112.20 SUITABLE APPLICANT. (A) South Dakota Codified Law § 35-2-1.2 requires the City Council to determine whether retail alcohol beverage license applicants are suitable before issuing, transferring or renewing said licenses. This determination is required annually for each license the applicant seeks. In order to effectuate a thorough determination of suitable applicant eligibility for license issuance, new applicants must submit to a criminal background check to determine suitability. Each new applicant shall make arrangements with a law enforcement agency and submit to the fingerprinting process. The applicant must also provide to law enforcement payment to the South Dakota Division of Criminal Investigation and FBI in an amount necessary to cover the costs of the criminal record check. These actions must be taken by an applicant prior to publication of hearing notice required by South Dakota law. The applicant's completed application will be attached to the certification of the law enforcement agency when received. (B) A DISQUALIFYING CRIMINAL RECORD for alcoholic beverage license purposes means any conviction for any felony, a crime of violence as defined in SDCL § 22-1-2(9), a sex offense as defined in SDCL § 22-24B-1, or trafficking in controlled drugs or substances which when and where committed would constitute such in the state of South Dakota. Unpardoned convictions of any crime of moral turpitude as defined by SDCL § 22-1-2(25) which when and where committed would constitute such in the state of South Dakota may constitute a disqualifying record as determined by the City Council on a case-by- case basis. Any criminal conviction not disclosed by an applicant on his application form may be treated as a disqualifying record. Any criminal conviction may be considered in making license issuance decision. Suspended imposition of sentence will not be considered a conviction. (C) An applicant subject to this policy shall provide to the law enforcement agency performing the fingerprinting process cash, check, or money order in an amount necessary to cover the costs of fingerprints for the criminal record check. (D) An applicant or principal in any business entity that is an applicant having any indebtedness to the City must satisfy said indebtedness before the City Council will consider any application for alcoholic beverage license issuance or renewal, except for plan one or two special assessment obligations that are not in arrears. § 112.22 SUITABLE APPLICANT AND SUITABLE LOCATION CONSIDERATION. 14  (A) South Dakota codified laws and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. Therefore, the City hereby establishes a two-tiered process to evaluate on-sale liquor applications. The first tier will assess the suitability of the applicant or principals and whether the location is suitable according to §§ 112.20 and 112.21 of this chapter. (B) Upon finding evidence of the suitability of the applicant and location, the City Council will consider second tier criteria. This process can include examining the best location for economic and tourism development, the best ancillary uses (restaurant, etc.) developed with the sale of liquor, the best location in accordance with the city long-range plan, the size of the facility, parking facilities, closeness to existing supplementing businesses, residences, and activities deemed important by the City Council. § 112.24 WHOLESALE PURCHASE PRICE FEE. (A) The City does hereby impose a fee of 5% of the wholesale purchase price, plus freight, for all malt beverages as defined by SDCL § 35-1-1, as amended, delivered to the holder of a license issued pursuant to SDCL § 35-4-2(3), (4) or (16). (B) All holders of a license which permits the sale of malt beverages as described herein shall purchase the malt beverages that the holder of such license sells from the City. In order to facilitate orders and delivery, in lieu of direct purchases from the City, holders of a license described herein may utilize the procedures contained in § 112.25 herein. (C) The authority for the imposition of this fee is contained in SDCL § 35-4-60.2. § 112.25 SUBMISSION OF INVOICES AND ASSESSMENT OF FEES. (A) All malt beverage wholesalers, as defined by SDCL § 35-1-1, and licensed, pursuant to SDCL § 35-4-2(3), (4) or (16), shall provide a copy to the Finance Officer of all invoices for sales of malt beverages delivered to holders of a license as described in § 112.24 herein, within the city, on or before the 5th day of each month for all sales made in the city for the prior month. (B) The Finance Officer shall on the 15th day of each month, or on the first working day thereafter, send a statement to each license holder permitted to sell malt beverages as described in § 112.24 herein, assessing the fee required hereunder, based upon all invoices received by the City for malt beverages delivered to the license holder for the prior calendar month. The license holder shall have a period of 10 days within which to pay to the City the fee required hereunder. In the event of the failure by the license holder to pay the required fee within said 10 day time period, the Finance Officer shall notify the malt beverage wholesalers, in writing, by first-class mail, postage prepaid at Vermillion, South Dakota, of the fact that this fee has not 15 been paid and that the license holder is in violation of the terms of this chapter. A copy of the notice sent to the malt beverage wholesaler shall be sent to the license holder who is in default. The wholesalers shall not deliver any malt beverage to the license holder who is in default under the terms of this chapter until such time as the wholesalers are notified by the City that all fees owing to the City have been paid in full. EFFECTIVE DATE: The ordinance shall become effective July 1, 2018. Dated at Vermillion, South Dakota this 7th day of May, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY_______________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Adoption of the Ordinance was seconded by Alderman Price. Thereafter, the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Collier- Wise-Y, Erickson-Y, Humphrey-Y, Meins-Y, Price-Y, Sorensen-Y, Ward-Y, Mayor Powell-Y Motion carried 8 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Request from Habitat for Humanity Clay and Yankton Counties to close Washington Street from Dartmouth Street to Clark Street on July 26, 2018 from 4:00 pm to 8:00 pm for a front yard BBQ at 310 Washington Street. Dan Voss, Administrative Intern, reported that Habitat for Humanity has submitted a street closing request for Washington Street from Dartmouth Street to Clark Street on Thursday, July 26, 2018 from 4:00 p.m. to 8:00 p.m. for a front yard BBQ event. Dan reported that the street closing request, diagram and the letter from Habitat for Humanity are included in the packet. Dan stated that the group would clean up after the event. 133-18 16 Alderman Collier-Wise moved approval of the closing of Washington Street from Dartmouth Street to Clark Street on Thursday, July 26, 2018 from 4:00 p.m. to 8:00 p.m. for a Habitat for Humanity front yard BBQ event. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Request submitted by Alison Buckman on behalf of USD for placement of Portable Storage unit in alley between Varsity and First Baptist Church in excess of time permitted by City Code John Prescott, City Manager, reported that ordinance allows City staff to issue permits to allow a dumpster to be placed on public ground for up to 30 days and portable storage unit for up to 14 days and any permit in excess of these limits would need to be approved by the City Council. John reported that a request was received from Allison Buckman on behalf of USD to place a portable storage unit in the alley west of 113 East Main beginning on May 8, 2018 and continue for six months. John noted that upon further discussion the duration was reduced to approximately 3 ½ months beginning the week of May 14th. John stated that the USD Charlie’s Store will be temporarily operating out of 115 East Main during this time and the size of the facility will require the portable storage unit to accommodate the store merchandise. John reported that the application is included in the packet and the $25 fee has not been paid. John recommended approval of the request for up to four months starting May 14, 2018. 134-18 Alderman Sorensen moved approval of the request to locate a portable storage unit in the alley between the Varsity and First Baptist for 4 months beginning on May 14, 2018 for USD Charlie’s Store. Alderman Ward seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. C. Request from the Dakota Days Executive Board to close Main Street from Norbeck Street to High Street on Saturday, October 6, 2018 from 7:00 am to the conclusion of the Dakota Days Parade Dan Voss, Administrative Intern, reported that a street closing request was received from the Dakota Days Board to close Main Street from Norbeck Street to High Street on Saturday, October 6, 2018 from 7:00 a.m. for the duration of the Dakota Days parade. Dan stated that the Police, Fire and EMS were notified with the request that all barricades along the parade route be manned at all times to allow emergency vehicles to pass through quickly in the event that emergency services are needed. Dan noted that the application indicates that the Board will clean up after the parade. Discussion followed on why the start time of the parade was moved to 9:00 a.m. 17 135-18 Alderman Price moved approval of the street closing request from the Dakota Days Board for Main Street from Norbeck Street to High Street on Saturday, October 6, 2018 from 7:00 a.m. for the duration of the parade for the Dakota Days Parade. Alderman Collier-Wise seconded the motion. Discussion followed. Motion carried 7 to 1. Mayor Powell declared the motion adopted. D. Library Board of Trustee appointment Mayor Powell reported that there would be a vacancy on the Library Board at the end of May as Fern Kaufman has served two consecutive terms. Mayor Powell, on behalf of the community, thanked Fern for her service on Library Board. Mayor Powell reported from the input of the Council members he recommended the appointment of Katy Beem to a three- year term expiring in May 2021. 136-18 Alderman Erickson moved approval of the appointment of Katy Beem to the Library Board with term expiring May 2021. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. E. Policies and Procedures Committee meeting report Addison McCauley, Administrative Intern, reported that the City Council at the April 2nd noon meeting assigned the review and report on the creation of a Vermillion Human Rights Commission (VHRC) to the Policies and Procedures Committee. Addison reported that the Policies and Procedures Committee met on April 18th and discussed specific sections to be included in a proposed ordinance. Addison reported that the Committee came to consensus on each of the following policy items and requested that a draft ordinance be prepared to reflect the decisions of the Committee: A) 7 Member Commission; B)The VHRC can request information from City employees across the organization through approval of the City Manager’s Office; C) No public hearing panel or mediation option included in Alternative Dispute Resolution (ADR) procedures. Instead, the VHRC will receive the complaint and response, determine probable cause of an act of discriminatory practice, send the determination of probable cause and relevant referrals to both parties, and if the parties cannot resolve the matter privately, the VHRC can transfer the matter to the State Commission of Human Rights at the request of either party; D) VHRC can request either party to meet for a pre-determination conference if they need more information to determine probable cause and E) A Complaint filed with the VHRC and an answer filed from a Respondent must be verified by a Notary Public and 18 personal signature. Addison reported that the City Council can accept the report of the Policies and Procedures Committee and that draft ordinance will be distributed that is scheduled to be reviewed at the May 21st noon meeting. Addison stated that the minutes of the Policies and Procedures Committee are included in the packet. Discussion followed. 137-18 Alderman Sorensen moved to acknowledge receipt of the report of the Policies and Procedures Committee on the development of an ordinance for the creation of the Vermillion Human Rights Commission. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. F. Utilities Committee meeting report John Prescott, City Manager, reported that in 2015 WAPA jointed the Southwest Power Pool(SPP) which is a regional transmission organization that operates energy markets and transmission networks. John reported that the transmission assets of Vermillion were eligible to be included in the integrated system operated by SPP. John reported that in August of 2016, the City entered into a Professional Services Agreement with Missouri River Energy Services for $65,000 to complete the application to file for an annual revenue payment, facilitate the implementation of Vermillion assets into SPP system, and complete other aspects of the process to receive revenue payments for participating in SPP’s system. John noted that in February of 2017, the agreement was amended to provide an additional $50,000 to complete the negotiations for the original filing process. John reported that MRES, their legal representative in Washington DC, and financial rate consultant expended considerable time and effort working with FERC and those offering comments opposing the filed settlement to complete negotiations. John stated that a settlement was arrived at in the late summer of 2017 which was finalized through FERC in late 2017 and early 2018. John noted that in March 2018, MRES contacted the City that they expended the full $115,000 authorized by the City with the approved and amended agreement plus had an additional $46,000 in expenses. John stated that he asked MRES to meet with the Utilities Committee to explain the expenses that exceeded the contracted amount. John reported that the Utility Committee met on April 18th to receive the report from Terry Wolf, transmission manager for Missouri River Energy Services (MRES). John reported that Terry summarized how MRES represents Vermillion Light and Power as a Transmission Agent in the Southwest Power Pool noting that MRES does not charge the City for their staff time spent on this issue. John stated that Terry also explained to the Utilities Committee the reasons for the cost overrun to complete the process with FERC and SPP. John reported that that the City’s costs incurred in 19 reaching the settlement are recoverable transmission related costs that will be reimbursed following the filing of the 2018 activity in 2019 for reimbursement in 2020. John reported that the Utility Committee report was to recommend to the City Council the payment of the additional expenses of MRES in the SPP filing. John stated that the minutes of the April 18, 2018 Utilities Committee meeting are included in the packet. John noted that the City would receive approximately $820,000 each year from SPP for reimbursement of transmission related assets. John reported that $65,000 was paid on this agreement in 2016 and if the report is accepted the $96,000 will be paid at a future meeting. Discussion followed. 138-18 Alderman Collier-Wise moved to acknowledge receipt of the Utility Committee Report as it applies to the Professional Services Agreement with MRES for preparation and filing the application for cost recovery with the SPP with the final payment of approximately $96,000 for the services received. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. G. Adoption of the 2018-2022 Capital Improvement Plan John Prescott, City Manager, reported that at the April 2nd noon meeting the 2018-2022 Capital Improvement Plan was presented to the City Council. John stated that one of the goals of the Capital Improvement Plan is to present ideas to the City Council and community about projects that may be undertaken in the next five years. John noted that funding may not be defined for each item at present but will be developed as the timeline moves closer. John noted that some current projects during 2018 may extend into the 2019 budget. John stated that there are many other projects included in the CIP for 2019 that are not as costly but will also be beneficial to the community. John acknowledged that it may or may not be possible to fund all of the projects included in the CIP in the proposed budget year but it is important for the City Council to identify projects for staff to work toward accomplishing. John reviewed the capital projects currently proposed to be included in the 2019 budget. John stated that the Capital Improvement Plan would then assist the City Council and staff with planning future budgets. Discussion followed. 139-18 Alderman Erickson moved approval of the Capital Improvement Plan for 2018-2022 as presented. Alderman Price seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings 20 A. Fuel Quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on Items 1 and 2 and Brunick’s Service on Items 3 and 4. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $2.4520, Brunick’s Service $2.48; Item 2 – 1,000 gal unleaded: Stern Oil $2.6868, Brunick’s Service $2.72; Item 3 – 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $2.4550, Brunick’s Service $2.45; Item 4 - 1,000 gal No. 2 diesel fuel-clear: Stern Oil $2.7515, Brunick’s Service $2.75. 140-18 Alderman Erickson moved approval of the low quote of Stern Oil on Items 1 and 2 and Brunick’s Service on Items 3 and 4. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the Planning Commission meets Monday, May 14th and on the agenda is the consideration of rezoning 800 and 816 Jefferson Street from GB – General Business zoning to R-3 Residential zoning. B. John stated that at the last meeting the City Council approved creating a Downtown Business Improvement District Board to review financing options for a downtown project. John requested that those interested in serving on the Board complete an Expression of Interest form that is due by Noon on Wednesday, May 16th with the City Council making appointments at the May 21st meeting. C. John reported that Prentis Street between Clark Street and Main Street would be closed on Thursday, May 10th from 6:00 p.m. to 9:00 p.m. for a professional baseball exhibition game. D. John reported that the South Dakota Department of Environment and Natural Resources recognized the Water Department for 17 consecutive years of receiving the Secretary’s Drinking Water Excellence Award. E. John reported that the City surplus and abandoned property auction is this Friday, May 11th at 5:30 p.m. at the Municipal Service Center, 115 West Duke Street. F. John reported that he was contacted by a Verizon representative for a tower to be located along the west side of Market Street. John handed 21 out options for City Council feedback as the location is owned by the City. PAYROLL ADDITIONS AND CHANGES General: Daniel Voss $9.00/hr; Street: Jack Cochrane $9.00/hr, Dalton Godfrey $9.00/hr; Alex Jensen $9.00/hr, John Pempek $9.00/hr; Recreation: Aubrey Houska $9.25/hr, Parker Goblirsch $9.25/hr, Connor Kuiper $9.00/hr, Caroline Mulder $9.00/hr, Madison Treiber $9.25/hr, Mark Upward $9.00/hr; Pool: Victoria Andre $10.00/hr, Kennedy Goblirsch $9.00/hr, Michael Kopren $9.25/hr, Megan Langley $10.00/hr; Parks: Justin Meyers $9.25/hr, Josh Prescott $9.00/hr, Jonathan Wieger $9.00/hr; Communications: Derek Ronning $19.88/hr; Golf Clubhouse: Madison Green $9.00/hr, Tryce Nelson $9.00/hr, Tiara Selby $9.00/hr; Golf Maintenance: Blake Gilkyson $9.25/hr, Clayton Hakin $9.00/hr, Maxwell Mayer $9.00/hr, Taylor Schultz $9.25/hr, Paul Schwasinger $11.50/hr, Drew Thelen $9.00/hr, Dylan Thelen $9.00/hr; Landfill: Trevor Hovaldt $10.00/hr, Todd Mockler $17.13/hr, Daniel Milroy $16.38/hr, Brian Waage $16.38/hr; Recycling: Alec Leber $10.25/hr 11. Invoices Payable 141-18 Alderman Price moved approval of the following invoices: A & A Refrigeration repairs 713.82 A-Ox Welding Supply Co carbon dioxide/cylinder rental 1,770.09 Ace Refrigeration Co repairs 230.00 Adidas America merchandise 4,813.87 AmericInn lodging 285.00 Andrea Hansen refund softball rec fees 35.00 Appeara shop towels 45.00 Aramark Uniform Services uniform cleaning 306.33 Argus Leader Media #1085 subscription 26.00 Arizona Manufacturing & Emb merchandise 90.00 Arrow Manufacturing parts 258.63 Austin Anderson safety boots reimbursement 100.00 Austin Rhodes meals reimbursement 78.00 Avera Occupational Medicine testing 60.00 Banner Associates, Inc professional services 27,247.25 BHS Marketing, LLC soda ash 6,776.00 Bierschbach Eqpt & Supply supplies 449.56 Blackburn Manufacturing Co supplies 222.90 Blackstone Publishing books 260.00 Border States Elec Supply supplies 612.77 22 Bound Tree Medical, LLC supplies 1,257.59 Boyer Trucks parts 95.85 Broadcaster Press advertising 58.00 Butch's Propane Inc propane 1,102.80 Butler Machinery Co. repairs/parts 6,307.91 Callaway Golf merchandise 732.55 Campbell Supply supplies 2,006.46 Cannon Technologies, Inc supplies 16,562.76 Cask & Cork merchandise 853.67 CDW Government, Inc ambulance equipment 3,745.00 Center Point Large Print books 470.56 Century Business Products copier contract/copies 202.12 Centurylink telephone 700.67 Chesterman Co merchandise 977.42 CIT Group/Commercial Service merchandise 161.54 City Directories publication 405.00 City Of Vermillion postage/copies 1,813.30 City Of Vermillion utility bills 34,009.92 Civicplus ssl certificate fees 204.04 Clay Co Register Of Deeds filing fee 30.00 Clay County Ems Association CPR class/cards 751.00 Coffee King, Inc supplies 62.75 Colonial Life Acc Ins. insurance 2,767.44 Core & Main Lp parts 3,527.23 Custom Conveyor Corp. parts 3,628.00 Cutter & Buck merchandise 1,319.51 Dakota Beverage merchandise 13,243.97 Dakota Lock & Key control keys 90.00 Dakota PC Warehouse computers/monitor/supplies 2,520.82 Dakota Rock Farms haul leachate 10,000.00 Danko Emergency Equipment supplies 2,713.35 Delta Dental Plan insurance 6,224.08 Delta Star transformer 53,037.00 Demco supplies 94.53 Dennis Martens maintenance 833.34 Dept Of Revenue testing 150.00 DGR Engineering professional services 39,946.02 Echo Electric Supply supplies 1,220.44 Electrical Engineering & Equip parts 192.57 Electronic Engineering car camera install 1,990.00 Embroidery & Screen Works uniforms 330.00 Emergency Services Marketing subscription fee 735.00 Environmental Resource Assoc chemicals 1,214.74 23 Farmer Brothers Co. supplies 142.30 Farner Bocken Company merchandise 2,054.70 Flint Trading Inc supplies 449.90 Foreman Media council mtg 100.00 Fred Haar Co, Inc parts 289.80 Gale books 1,019.70 Garys Tree Service, Inc tree removal/stump grinding 2,637.50 Gemplers Inc safety glasses/cleaner/gloves 313.36 Global Dist. merchandise 95.55 Graham Tire Co. tires 1,995.92 Grainger supplies 147.24 Graymont Capital Inc chemicals 4,027.32 Gregg Peters freight 1,680.00 Gregg Peters rent 937.50 Greggs Auto Body repairs 1,104.37 Grey House Publishing books 165.00 Guarantee Oil Co Inc oil 806.20 Guarantee Roofing & Siding repairs 1,911.38 Hach Co parts 5,567.80 Hartington Tree LLC trees 800.00 Hauff Mid-America Sports supplies 276.50 Hawkins Inc chemicals 3,799.32 Herren-Schempp Building supplies 618.89 Hillyard/Sioux Falls supplies 62.89 Hitches, Trailers & More repairs 447.12 Hornungs Pro Golf merchandise 175.69 Hy Vee Food Store supplies 70.98 Hydraulic Sales & Service repairs 1,357.89 Independence Waste waste hauling/toilet rental 1,688.05 Ingram books 4,013.16 International Code Council membership dues 135.00 Interstate Power Systems repairs 471.60 Jacks Uniform & Eqpt bullet proof vest/uniform 2,163.35 Jamie Hall work boots reimbursement 200.00 Jay's Plumbing repairs 82.66 Jeffrey Nisly refund parking tckt overpmt 5.00 Jensen Auto Body Inc repairs 739.95 Jerry's Chevrolet Buick GM parts 297.48 Jessica Newman tuition reimbursement 2,000.00 Jian Huang refund swimming lessons fee 10.00 John A Conkling Dist. merchandise 8,016.39 Johnsen Heating & Cooling repairs 761.94 Johnson Brothers Of SD merchandise 19,122.10 24 Johnson Feed, Inc repairs/road salt 7,876.63 Jonathan Aperans fire school reg. reimbursement 60.00 Jones Food Center supplies 418.57 Joseph A Ostrem mileage reimbursement 226.80 JWR, Inc baler repairs 10,882.12 K & M Tire tire change equipment 489.86 Kalins Indoor Comfort repairs 253.60 Karsten Mfg Corp merchandise 1,644.48 Knife River Midwest, LLC asphalt 1,030.40 Larrys Home Repair repairs 55.00 Lessman Elec. Supply Co supplies 184.50 Library Ideas books 334.55 Lindsay Hayes refund swimming lessons fee 10.00 Lindsey Peterson refund softball fees 35.00 Locators And Supplies, Inc supplies 310.15 Longs Propane Inc propane 96.00 M&T Fire And Safety Inc parts 372.00 Mart Auto Body towing 1,050.00 Matheson Tri-Gas, Inc medical oxygen 687.14 Matt Davis meals reimbursement 175.00 Matt Taggart safety boots reimbursement 100.00 Matt Wilmes drug test reimbursement 22.00 Matthew Bender & Co, Inc books 50.00 McCulloch Law Office professional services 1,758.29 Mead Lumber supplies 275.51 Medical Waste Transport, Inc haul medical waste 216.35 Menards supplies 198.00 Michael Frederick supplies 20.00 Micro Marketing LLC supplies 291.95 Midwest Alarm Co alarm monitoring 132.00 Midwest Pump & Mechanical parts 235.00 Midwest Radiator & Exhaust parts 350.62 Midwest Ready Mix & Equipment red rock 844.00 Midwest Turf & Irrigation parts 1,751.40 Minitex Library supplies 91.00 Minn Municipal Utility Assoc 2nd qtr safety mgmt program 7,720.00 Missouri Valley Maintenance repairs 634.15 Mobile Electronic Service repairs 3,354.43 Moore Welding & Mfg repairs 283.29 Motion Picture Licensing Co licensing 180.06 MSC Industrial Supply Co supplies 168.53 Nationwide Insurance renewal notary bond 100.00 Nationwide Mutual Insurance notary bond 100.00 25 Navajo merchandise 470.12 NCL Of Wisconsin, Inc supplies 1,223.80 Netsys+ professional services 1,308.25 Newman Signs, Inc supplies 384.00 O'Reilly Auto Parts parts 77.98 Office Systems Co copier contract/copies 421.34 Overhead Door Of Sioux City repairs 887.20 PCC, Inc commission 4,724.05 Pepsi Cola Of Siouxland merchandise 411.20 Pressing Matters supplies 389.00 Presto-X-Company inspection/treatment 56.00 Primoris Aevenia, Inc substation construction 43,828.60 Print Source advertising/brochures 764.20 Prochem Dynamics supplies 225.19 Quill supplies 207.10 Racom Corporation workstation replacement 12,458.13 Recorded Books, Inc books 198.00 Recovery Systems Co, Inc parts 115.87 Reinhart Foodservice, LLC merchandise 803.45 Republic National Distributing merchandise 27,134.04 Resco parts 3,158.00 Riverside Hydraulics & Lab parts 32.46 Sanford Health Plan participation fees 63.00 Sanitation Products Inc parts 2,870.00 Schaeffer Mfg. Co supplies 754.15 SD Arborists Association dues/registration 616.00 SD City Mgmt Association registration 100.00 SD GFOA registration 150.00 SD Lottery license renewal 100.00 SD Municipal League registration 105.00 SD One Call locates 93.45 SD Retirement System contributions 54,751.94 SD Secretary Of State notary bond filing fee 30.00 SD Solid Waste Management Assoc registration 130.00 Service Master Of Se SD custodial 4,459.16 Sooland Bobcat skid steer loader 21,001.79 Southern Glazer's Of SD merchandise 2,802.72 Stan Houston Eqpt Co parts 119.50 Standard Ready Mix Concrete pea rock 79.00 Stern Oil Co. oil 2,050.70 Stewart Oil-Tire Co repairs 53.90 Still 173 LLC merchandise 177.00 Stuart C. Irby Co. led lights 106,425.00 26 Sturdevants Auto Parts parts 2,537.25 Sundog Distributing (USA) merchandise 726.10 Syncb/Amazon books/supplies 935.03 Taste Of Home Books books 25.95 The Ups Store #6751 shipping 31.19 Titleist Drawer Cs merchandise 5,606.88 TMB Enterprises LLC merchandise 84.45 Tractor Supply Credit Plan cable ties/safety snaps 285.76 Treatment Resources, Inc parts 2,146.26 Tri Tech Sales parts 1,007.11 Triview Communications phone system programming 50.00 Turner Plumbing repairs 265.62 Tyler Technologies maintenance 4,966.86 Tyler Zimmerman safety boots reimbursement 100.00 Uline supplies 302.50 United Accounts Inc garnishment 1,603.55 United Way contributions 612.50 Unum Life Insurance Company insurance 1,388.65 USA Bluebook parts 206.23 Utility Equipment Co. parts 908.26 Van Diest Supply Co chemicals 1,057.48 Vast Broadband 911 circuit/dialup service 1,415.45 Verizon Wireless cell phones/wireless comm 2,380.23 Vermillion Ace Hardware supplies 1,646.47 Vermillion Ford repairs 21.34 Vermillion Rotary Club dues/meals 140.75 Veterans Of Foreign Wars flags 369.50 Visa/First Bank & Trust fuel/lodging/supplies 9,594.16 Wal-Mart Community supplies 956.55 Wesco Distribution, Inc parts 2,674.42 Wigman Co supplies 2,254.92 Working Fire Furniture Co fire dept tables 330.55 Yankton Fire & Safety repairs 153.50 Yankton Janitorial Supply supplies 251.65 Yankton Medical Clinic testing/screening 179.00 Zee Medical Service supplies 620.20 Zimco Supply Co supplies 8,729.85 Zuercher Technologies LLC software maintenance 210.58 Bess Vlaisavljevich Bright Energy Rebate 80.00 Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 27 12. Consensus Agenda A. Set a public hearing date of May 21, 2018 for annual malt beverage license renewals B. Set a public hearing date of May 21, 2018 for retail on off sale malt beverage license including site transfer for Old Lumber Company, Inc for Old Lumber Company Grill and Bar at 11 and 15 Court Street and site transfer of retail on sale liquor license to include 11 Court Street C. Set a public hearing date of May 21, 2018 for a special daily malt beverage and wine license for the South Dakota Shakespeare Festival on or about June 7 to 10, 2018 at the Prentis Park band shell D. Set a public hearing date of May 21, 2018 for a special permit to exceed permissible sound levels by no more than 50% for the South Dakota Shakespeare Festival on June 4-10, 2018 from 6:00 p.m. to 10:30 p.m. and June 10, 2018 from 3:30 p.m. to 6:30 p.m. at the Prentis Park band shell amphitheater for Shakespeare Festival performances 142-18 Alderman Collier-Wise moved approval of the consensus agenda. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 143-18 Alderman Ward moved to adjourn the Council Meeting at 8:50 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of May, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 28